[Federal Register Volume 83, Number 131 (Monday, July 9, 2018)]
[Notices]
[Pages 31725-31727]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-14670]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-469-814]


Chlorinated Isocyanurates From Spain: Preliminary Results of 
Antidumping Duty Administrative Review; 2016-2017

AGENCY: Enforcement and Compliance, International Trade Administration, 
U.S. Department of Commerce.

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that sales of chlorinated isocyanurates (chlorinated isos) from Spain 
by Ercros S.A. (Ercros), were not sold at less than normal value during 
the period of review (POR) June 1, 2016, through May 31, 2017. 
Interested parties are invited to comment on these preliminary results.

DATES: Applicable July 9, 2018.

FOR FURTHER INFORMATION CONTACT: Andrew Huston, AD/CVD Operations, 
Office VII, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-4261.

SUPPLEMENTARY INFORMATION:

Background

    On August 1, 2017, Commerce initiated this administrative review on 
chlorinated isos from Spain covering one company, Ercros.\1\ The events 
that have occurred between initiation and these preliminary results are 
discussed in the Preliminary Decision Memorandum.\2\
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 82 FR 35749 (August 1, 2017).
    \2\ See Memorandum, ``Decision Memorandum for Preliminary 
Results of the 2016-2017 Antidumping Duty Administrative Review of 
Chlorinated Isocyanurates from Spain,'' dated concurrently with this 
notice (Preliminary Decision Memorandum).
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Scope of the Order

    The products covered by the order are chlorinated isos, which are 
derivatives of cyanuric acid, described as chlorinated s-triazine 
triones.\3\ Chlorinated isos are currently classifiable under 
subheadings 2933.69.6015, 2933.69.6021, 2933.69.6050, 3808.40.50, 
3808.50.40 and 3808.94.5000 of the Harmonized Tariff Schedule of the 
United States (HTSUS). The HTSUS subheadings are provided for 
convenience and customs purposes only; the written product

[[Page 31726]]

description of the scope of the order is dispositive.
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    \3\ For a complete description of the Scope of the Order, see 
Preliminary Decision Memorandum.
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Methodology

    Commerce is conducting this review in accordance with sections 
751(a)(1)(B) and (2) of the Tariff Act of 1930, as amended (the Act). 
Export price is calculated in accordance with section 772 of the Act. 
Normal value has been calculated in accordance with section 773 of the 
Act. For a full description of the methodology underlying our 
conclusions, see the Preliminary Decision Memorandum. The Preliminary 
Decision Memorandum is a public document and is on file electronically 
via Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (ACCESS). ACCESS is available to 
registered users at http://access.trade.gov and is available to all 
parties in the Central Records Unit, Room B8024 of the main Department 
of Commerce building. In addition, a complete version of the 
Preliminary Decision Memorandum can be accessed directly on the 
internet at http://enforcement.trade.gov/frn/index.html. The signed 
Preliminary Decision Memorandum and the electronic version of the 
Preliminary Decision Memorandum are identical in content. A list of the 
topics discussed in the Preliminary Decision Memorandum is attached as 
an Appendix to this notice.

Preliminary Results of Review

    As a result of this review, we preliminarily determine that, for 
the period June 1, 2016, through May 31, 2017, the following dumping 
margin exists:

------------------------------------------------------------------------
                                                               Weight-
                                                               average
                   Manufacturer/exporter                       dumping
                                                                margin
                                                              (percent)
------------------------------------------------------------------------
Ercros.....................................................        0.00
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Disclosure and Public Comment

    Commerce intends to disclose to the parties to the proceeding any 
calculations performed in connection with these preliminary results 
within five days of the date of publication of this notice.\4\ 
Interested parties may submit case briefs to Commerce in response to 
these preliminary results no later than 30 days after the publication 
of this notice.\5\ Rebuttal briefs, limited to issues raised in the 
case briefs, may be filed no later than five days after the time limit 
for filing case briefs.\6\ Parties who submit case briefs or rebuttal 
briefs in this proceeding are encouraged to submit with each argument: 
(1) A statement of the issue; (2) a brief summary of the argument; and 
(3) a table of authorities.\7\ Case and rebuttal briefs should be filed 
using ACCESS.\8\ In order to be properly filed, ACCESS must 
successfully receive an electronically-filed document in its entirety 
by 5 p.m. Eastern Time on the established deadline.
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    \4\ See 19 CFR 351.224(b).
    \5\ See 19 CFR 351.309(c)(1)(ii).
    \6\ See 19 CFR 351.309(d)(1) and (2).
    \7\ See 19 CFR 351.309(c)(2) and (d)(2).
    \8\ See 19 CFR 351.303.
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must submit a written request to the Assistant 
Secretary for Enforcement and Compliance, filed electronically via 
ACCESS, within 30 days after the date of publication of this notice. 
Requests should contain: (1) The party's name, address, and telephone 
number; (2) the number of participants; and (3) a list of issues to be 
discussed. Issues raised in the hearing will be limited to those raised 
in the respective case and rebuttal briefs. If a request for a hearing 
is made, Commerce intends to hold the hearing at the U.S. Department of 
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230, at a date 
and time to be determined.
    Commerce intends to issue the final results of this administrative 
review, including the results of its analysis of the issues raised in 
any written briefs, not later than 120 days after the date of 
publication of this notice, unless extended, pursuant to section 
751(a)(3)(A) of the Act and 19 CFR 351.213(h).

Assessment Rates

    Upon issuance of the final results in this administrative review, 
Commerce shall determine, and Customs and Border Protection (CBP) shall 
assess, antidumping duties on all appropriate entries in accordance 
with 19 CFR 351.212(b)(1). If Ercro's weighted-average dumping margin 
is not zero or de minimis (i.e., less than 0.5 percent) in the final 
results of this review, we will calculate importer- or customer-
specific ad valorem assessment rates based on the ratio of the total 
amount of dumping calculated for the importer/customer's examined sales 
and the total entered value of the sales in accordance with 19 CFR 
351.212(b)(1). We will instruct CBP to assess antidumping duties on all 
appropriate entries covered by this review when the importer-specific 
assessment rate calculated in the final results of this review is above 
de minimis. Where the respondent's weighted-average dumping margin is 
zero or de minimis, or an importer-specific assessment rate is zero or 
de minimis, we will instruct CBP to liquidate the appropriate entries 
without regard to antidumping duties. The final results of this review 
shall be the basis for the assessment of antidumping duties on entries 
of merchandise covered by the final results of this review and for 
future deposits of estimated duties, where applicable.
    For entries of subject merchandise during the POR produced by the 
respondent for which it did not know that its merchandise was destined 
for the United States, we will instruct CBP to liquidate unreviewed 
entries at the all-others rate if there is no rate for the intermediate 
company(ies) involved in the transaction.
    We intend to issue instructions to CBP 15 days after the date of 
publication of the final results of this review.

Cash Deposit Requirements

    The following cash deposit requirements will be effective for all 
shipments of subject merchandise entered, or withdrawn from warehouse, 
for consumption on or after the date of publication of the final 
results of this administrative review, as provided for by section 
751(a)(2)(C) of the Act: (1) The cash deposit rate for the company 
under review will be the rate established in the final results of this 
review, except, if the rate is zero or de minimis (i.e., less than 0.5 
percent), no cash deposit will be required; (2) for previously reviewed 
or investigated companies not listed above, the cash deposit rate will 
continue to be the company-specific rate published for the most recent 
period; (3) if the exporter is not a firm covered in this review, a 
prior review, or the less-than-fair-value investigation, but the 
manufacturer is, the cash deposit rate will be the rate established for 
the most recent period for the manufacturer of the merchandise; and (4) 
the cash deposit rate for all other manufacturers or exporters is 24.83 
percent, the all-others rate established in the investigation.\9\ These 
cash deposit requirements, when imposed, shall remain in effect until 
further notice.
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    \9\ See Chlorinated Isocyanurates From Spain: Notice of Final 
Determination of Sales at Less Than Fair Value, 70 FR 24506 (May 10, 
2005).
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Notification to Importers

    This notice also serves as a preliminary reminder to importers of 
their responsibility under 19 CFR

[[Page 31727]]

351.402(f)(2) to file a certificate regarding the reimbursement of 
antidumping duties prior to liquidation of the relevant entries during 
this review period. Failure to comply with this requirement could 
result in Commerce's presumption that reimbursement of antidumping 
duties occurred and the subsequent assessment of double antidumping 
duties.
    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: July 3, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions and duties of the 
Assistant Secretary for Enforcement and Compliance.

Appendix--List of Topics Discussed in the Preliminary Decision 
Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Allegation of a Particular Market Situation
V. Comparisons to Normal Value
VI. Product Comparisons
VII. Date of Sale
VIII. Export Price
IX. Normal Value
X. Currency Conversion
XI. Recommendation

[FR Doc. 2018-14670 Filed 7-6-18; 8:45 am]
 BILLING CODE 3510-DS-P